No. 1091.
Mr. King
to Mr. Bayard.
Legation of
the United States,
Constantinople, September 1, 1888.
(Received September 19.)
No. 105.]
Sir: I inclose for your information a copy of a
collective note sent to the Sublime Porte in July, 1887 (signed by all the
heads of foreign missions), concerning the execution of consular judgments;
a copy of the reply made by the Porte with sub-inclosure.
This note (from the Porte) is to be considered by the different embassies and
legations, and should any reply be sent to the Porte a copy will be
forwarded to you.
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I think the disposition is to accept as satisfactory this regulation of the
Porte, judging from conversations with a few others more interested in the
matter than this legation.
I have, etc.,
Pendleton King,
Chargé d’Affaires ad interim.
[Inclosure 1 in No.
105.—Translation.]
Collective note to Sublime Porte.
In conformity with the circular of the minister of foreign affairs of the
20th of March, 1880, the office of execution at the first tribunal of
commerce is in charge, as heretofore, with the judiciary executions of
the former kitabet.
This condition was to continue until an understanding was arrived at
between the Sublime Porte and the foreign missions on the regulation
relative to the execution of judgments.
Without taking into consideration the assurances contained in the
before-mentioned note the minister of justice wants to constrain
foreigners who are bearers of judgments issued from the consular
tribunals and to be executed upon real estate, to seek the execution
exclusively before the civil tribunals.
No understanding having as yet been arrived at, the undersigned hope that
the Sublime Porte, informed of this modification of the previous
convention, will kindly intervene with the ministry of justice in order
to prescribe to the office of execution of the tidjaret to carry out the
requests presented under the shape of takrirs by the foreign missions
for the execution of the judgments of the consular tribunals to be
executed by way of attachment on real property.
[Inclosure 2 in No.
105.—Translation.]
Said Pasha to Mr.
King.
Sublime
Porte, Ministry of Foreign
Affairs,
July 16,
1888.
Monsieur le Chargé d’Affaires: I have had the
honor duly to receive the collective note that the heads of the foreign
missions kindly addressed to me on the 14th of July, 1887, relating to
the mode of executing the judgments issued by the consular
tribunals.
On receipt of this note I placed myself in correspondence with my
colleague of the department of justice, and to-day I have the honor to
transmit to you herewith a copy of the instructions that department has
just forwarded to the provincial judiciary authorities, in which the
formalities to be fulfilled, when the execution of a judgment is
demanded, are set forth.
Accept, etc.,
[Inclosure 3 in No.
105.—Translation.]
Regulation of Sublime Porte as to execution of
consular judgments.
In the case of the demand for sale of real property belonging to a
foreign subject for the satisfaction of a debt due by such foreign
subject to another foreigner, in accordance with a sentence pronounced
in a consular court, it is the custom to refer to the Ottoman courts
according to the third article of the law relating to the acquisition of
real property for the execution of the necessary measures, but it is
found necessary that some instructions should be given with a view to
the general observance of the necessary course of action.
- First. The sale of the real property of the party against whom
sentence has been given rests with the president of the civil court
who has the right to execute [decrees in such matters] in the place
which is the consulate pronouncing the sentence.
- Second. The sale of the property will be asked for by the creditor
in a petition addressed by him to the president [of the civil
court].
As it will not be understood from the petition alone whether the decree
of the consulate ordering the sale of the aforesaid property is
definitive or not, in order that no
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mistake may arise in the steps taken, the decree
whose execution is requested will be inclosed in a takrir from the
consulate containing a note to the effect that execution is necessary
and will be sent with the petition to the president [of the court].
Thus, as it will be necessary hereafter in the mode of execution of such
consular decrees to conform to these principles, the present note has
been drawn up and forwarded in a printed copy to the presidents of the
various courts in order that the requisite steps may be taken in such
cases.
